How to Write an Affidavit

Writing an effective Affidavit is critical to building credibility in court and making a strong case. This blog provides the guardrails you need to write an effective, unbiased affidavit — and get it notarized in minutes.

What is an Affidavit?

An Affidavit is a written statement of facts that you make under oath or affirmation. Unlike a sworn oath, you must sign the Affidavit instead of swearing it out loud. The person swearing to their written statement is called the affiant. 

To sign an Affidavit under oath, a notary public or commissioner for oaths must witness your signature. Afterwards, they’ll need to sign it too.

When you sign an Affidavit under oath, you’re swearing that the facts and information you’ve provided are true. Telling the truth in an Affidavit is critical. If a court determines that you’ve not been truthful in your Affidavit, this might be considered a form of perjury. 

Affidavits are one of the most commonly used legal documents; courts often use them as evidence in legal proceedings. That said, they’re used for a variety of different purposes. You can use an Affidavit to prove you’re not married if you want to get married and get a marriage license abroad. You may need an Affidavit for estate matters, family law cases, small claims proceedings, and more.

When is an Affidavit Valid?

For an Affidavit to be valid, the below requirements must be met:

• The affiant swore or affirmed that the information in their Affidavit is true and correct.
• The affiant wrote and signed the Affidavit.
• The Affidavit was witnessed and signed by someone authorized to administer oaths or affirmations, like a notary public or commissioner of oaths.
• The person administering the oath or affirmation has verified that the affiant understands the information in their Affidavit and what they’re singing.
• The person administering the oath or affirmation has verified the affiant’s identity.
• The Affidavit is filed with the appropriate court or tribunal.

When you write your Affidavit, ensure that the facts you include are true and complete to the best of your knowledge. In Canada, making false statements in an Affidavit can be considered perjury, a criminal offence.

How to Write an Affidavit

A good Affidavit clearly outlines all the important information a judge needs to make a decision. Below are some tips to help you write an effective Affidavit that enhances your credibility and supports your case. 

The Format of Your Affidavit

An Affidavit should be formatted in a specific way, and contain the following sections:

• Affiant’s Statement: The affiant must identify themselves as the person making the Affidavit. This section should include the affiant’s name, date of birth, address, nationality, proof of identity, and occupation.
• Knowledge Statement: This is the first paragraph of an Affidavit; it states how an affiant gained personal knowledge of the facts they describe.
• Body of the Affidavit: This is where an affiant outlines their evidence and explains their story.
• Recipient of Your Affidavit: This section outlines where the Affidavit is going (court, government organization, etc.) and states that the Affidavit isn’t made for unlawful purposes.
• The Jurat: The notary or commissioner will sign, stamp, and date this portion to prove that the affiant swore or affirmed the Affidavit before them. The affiant also signs this portion.

Writing the Body of Your Affidavit

One of the most important sections of an Affidavit is its body — here, you state the facts relevant to your case. This section must be clearly written and as concise as possible. The below suggestions will help you achieve this:

• Separate the body of your Affidavit into numbered paragraphs. 
• Each paragraph should only contain one fact, so it is easily understood. 
• Organize your paragraphs chronologically, so the timeline is easy to follow.
• Speak in the first person as this personalizes your Affidavit. 
• Keep each paragraph concise and only include relevant information.
• Keep legal language out of the Affidavit when possible.
• Double-check that all of the information you provide is truthful and accurate. 
• Proofread your Affidavit and if possible, have someone review it for grammar and spelling errors.

Writing an Unbiased and Accurate Affidavit

To write an effective and credible Affidavit, present truthful, unbiased, and factual information. This means you only stick to what you saw, heard, did, or said. 

Licensed Paralegal and Notary Public, Talia Wang, adds some colour around this point:

Write an unbiased and accurate Affidavit using the below tips:

• Answer the big 5 questions: “Who?”, “What?”, “When?”, “Where?”, “Why?”, and “How?”.
  
• Provide complete information: Give exact dates and dollar amounts whenever possible. If you can’t recall, take your best guess. For example, saying, “Sometime at the end of August 2024” is more accurate than saying “In the summer of 2024”. 

• Always tell the truth: If a judge feels your Affidavit is misleading, they won’t accept it. Moreover, they may view other evidence you present as less credible.

• Write only what you know first-hand: For instance, don’t accuse someone of stealing if you didn’t see it happen. Instead, write: “I had my wallet in my purse by the front door when I came in. I noticed it was gone when I left and got into my vehicle”. 

• Don’t assume anyone’s state of mind: Instead of calling someone depressed, write, “He was often crying when I saw him”.

• Remain objective and fair: Instead of stating, “She was drinking before she arrived”, write “When she arrived, she smelled of alcohol and was having trouble keeping her balance”. If you didn’t see someone drinking, only describe what you did observe.

• Don’t use the words “always” or “never”: For example, do not write about how someone “never” spends time with your child. Instead, write that they attend about 30% of scheduled visits and that you keep a log to show this.

An Affidavit Must be Notarized

To be valid, your Affidavit must be notarized by an official authorized to administer oaths and affirmations by law. During notarization, the affiant swears or affirms that the information in their Affidavit is true before the authorized official. 

To “swear” is to make an oath on a religious text (for instance, the Torah or the Bible). To “affirm” is to make a solemn promise you profess to be true. The law will view your evidence equally, whether you affirm or swear your Affidavit. 

Here is what you can expect during your notary appointment:

• An authorized official will confirm your identity and that you’ve made your statements voluntarily. 
• The official will ensure you understand what you are signing. 
• You’ll swear or affirm that the contents of your affidavit are true and complete. 
• You will also sign the jurat and the official will witness your signature. 
• The official will sign the jurat of the Affidavit and stamp it with a notary seal. 

An authorized official can be a:

• Notary public
• Lawyer
• Judge
• Commissioner of oaths
• Justice of the peace
• Minister
• Certain officials at local municipalities

When Do You Need an Affidavit?

You might need an affidavit for various reasons, including estate matters, divorce cases, custody matters, a name change, and more. Moreover, without an Affidavit, certain legal documents may not be considered valid, or proving their validity can be difficult. See our Affidavit template to learn about more circumstances that require an Affidavit. 

Common Types of Affidavits 

Many significant life events have an affidavit associated with them. From declaring your marital or single status to proving ownership of a car — you may require an Affidavit. Below are some Affidavits that are commonly used:

1. Affidavit of Vehicle Ownership: This Affidavit provides evidence of vehicle ownership when an original bill of sale is lost or unavailable.
2. Affidavit of Divorce: In Ontario, when filing a joint application for divorce, you and your spouse must complete an Affidavit of Divorce (also called Form 36).
3. Affidavit in Support of Claim for Custody or Access: If you’re seeking custody of or access to your children, you’ll need to fill out this affidavit (also called Form 35.1).
4. Affidavit of Execution: An Affidavit of Execution is signed by one of the witnesses present at the signing and witnessing of your Will. It confirms that they were at the singing, and grants your executor the legal authority to carry out the wishes in your will.
5. OSAP Affidavit: In certain situations, the Ontario Student Assistance Program (OSAP) requires you to submit an Affidavit confirming details about your application (like your marital status).
6. Affidavit of Service: If you’ve served someone with the forms you wish to file with a particular court, this affidavit proves you’ve served them. 
7. Affidavit of Support: This Affidavit serves as a guarantee that the affiant will financially support a student’s education during their academic pursuits.

Don’t see the Affidavit you’re looking for? Find all of our Affidavit templates here.